Proceedings stay

Adv. G P Singh 9999003308 (Querist) 06 February 2012 This query is : Resolved
can miscellaneous applications be disposed during "proceeding stay by High Court"? kindly provide the case law.

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Nadeem Qureshi (Expert) 06 February 2012
Dear GP
no, the MIsc. Application or any other application will also be stayed.
feel free to call

Devajyoti Barman (Expert) 06 February 2012
During grant of stay all the lower court proceedings become effectively stayed out of which the Miscellaneous Proceedings also could not escape.

ajay sethi (Expert) 06 February 2012
if high court has stayed the proceedings the mis c application also gets automatically stayed

Raj Kumar Makkad (Expert) 07 February 2012
As in your case, no stay has been provided and only proceeding for stay is going on, the lower court can dispose off the misc. application during this period. Lower court is bound only if stay has been granted.

RAJU O.F., (Expert) 12 February 2012
Proceedings pending before High Court for obtaining Stay will not prevent any lower court from disposing of any petitions. Even if specific stay is obtained from high court, lower court is restrained only from proceeding that specific issue.

Adv. G P Singh 9999003308 (Querist) 14 February 2012
kindly provide the any case law in support

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